Legislator Case Law & Legislation
II K 330/18 AI generated

Court dismisses appeal against robbery conviction, upholding sentence due to recidivism and lack of mitigating circumstances.

Case Number II K 330/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the appeal filed by the defendant J.G. against the first-instance judgment convicting him of robbery. The facts established that the defendant, alongside others, committed a robbery involving threats and theft in a gaming salon, while also possessing a prior record of ten previous convictions. The appellate court rejected the defense's arguments regarding the disputed amount and the lack of mitigating factors, affirming the original sentence based on the defendant's high social danger and recidivism.

Legislator headnote

AI generated

Art. 395 § 1 k.p.k.; Art. 395 § 2 k.p.k.: The court of appeal must examine the entire case file and cannot limit its review to specific points unless the lower court explicitly stated otherwise; the appeal is dismissed if the lower court's decision is legally sound and factually grounded.

Keywords

AI generated
criminal appeal procedure robbery conviction recidivism aggravation lack of mitigating circumstances social danger assessment procedural review scope costs of proceedings

Cited Legislation

AI generated
Art. 395 § 1 k.p.k.
Art. 395 § 2 k.p.k.
Art. 618 § 1 pkt. 11 k.p.k.
Art. 632 k.p.k.
Art. 624 § 1 k.p.k.
art. 387 k.p.k
art. 158 § 1 k.k
art. 245 k.k
art. 11 § 2 k.k
art. 280 § 2 k.k

Cited Case Law

AI generated
AI generated

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